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Full Court won’t undo injunction barring ‘RestQ’ trade mark use
Intellectual Property 2021-05-28 10:19 pm By Cindy Cameronne

An appeals court has upheld a ruling which bars use of the RestQ trade mark on sleep products sold by Martin & Pleasance because of a ā€œdisturbingā€ number of similarities with the marketing and appearance of an established competitorā€™s Rescue natural sleep aid product.

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In ‘unusual’ damages claim, Nick Scali says Sparke Helmore should pay Allens fees
Intellectual Property 2021-05-27 3:32 pm By Christine Caulfield

Nick Scali is seeking damages against Sparke Helmore for alleged negligent advice in an intellectual property dispute.

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Arnott’s, Goodman Fielder lay down swords in ‘Plantry’ trade mark battle
Intellectual Property 2021-05-26 8:50 am By Cat Fredenburgh

Arnott’s and Campbells have settled a lawsuit brought by Goodman Fielder accusing them of infringing its ‘Plantry’ mark under which it sells plant-based frozen meals, after the cookie company filed a cross-claim seeking to have the mark cancelled.

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Janssen triumphs again in battle to protect HIV drug patents
Intellectual Property 2021-05-24 10:24 am By Cat Fredenburgh

Juno Pharmaceuticals has backed away from its plans to launch a generic version of HIV drug Prezista in Australia after being hit with a patent lawsuit by Janssen, becoming the second generic drug maker to capitulate to the Johnson & Johnson-owned company’s demands.

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Bordeaux estate behind $500 wine sues Tassie producer over ‘knockoffs’
Intellectual Property 2021-05-20 6:20 pm By Miklos Bolza

A nearly 100-year-old Bordeaux estate that makes the Vieux ChĆ¢teau Certan wine, which retails for at least $500, has taken a Tasmanian winemaker to court for allegedly trying to hijack its name and making knockoff wines that copy its distinctive pink lid and neck of its bottles.

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Peloton’s US$420M acquisition of Precor violated ‘spinning’ licence, court told
Intellectual Property 2021-05-19 1:28 pm By Cat Fredenburgh

California-based fitness company Mad Dogg has accused Peloton Interactive of inducing breach of a non-compete through its $US420 million acquisition of commercial gym equipment manufacturer Precor, and has asked a court to block the company from using its ‘spinning’ trade marks in relation to its interactive exercise bikes.

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Aurizon accused of flagrant copyright infringement by software giant Dassault
Intellectual Property 2021-05-17 4:44 pm By Miklos Bolza

Queensland rail operator Aurizon has been sued for breach of contract and “flagrant” copyright infringement for allegedly using software produced by French software giant Dassault without the necessary licence.

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IP lawyers welcome ‘patent box’ but say government should go further
Intellectual Property 2021-05-12 9:19 pm By Cat Fredenburgh

Lawyers welcomed the government’s “overdue” announcement of a so-called patent box that will slash the tax rate on income derived from patented drug and biotech inventions developed in Australia, but called on the government to apply the regime to other sectors.

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AGL Energy sues Greenpeace for using logo in ‘Australia’s biggest climate polluter’ campaign
Intellectual Property 2021-05-10 4:02 pm By Cat Fredenburgh

AGL Energy has dragged Greenpeace Australia Pacific to court for using its logo in a campaign that labelled the company “Australia’s biggest climate polluter” and accused it of “significant environmental breaches”.

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Corner Hotel appeals loss in trade mark fight with jazz club
Intellectual Property 2021-05-07 12:41 pm By Cat Fredenburgh

The Corner Hotel is taking another stab at cancelling a rival club’s ‘jazz corner’ and ‘jazz corner hotel trade marks’, after a judge found the marks did not infringeĀ  the famed Richmond pub’s ‘corner’ trade marks.

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